The Arkansas Jury Instruction — Modified Allen Charge, also known as the Modified Allen Charge in Arkansas, is a set of instructions provided to a jury when they are deadlocked or unable to reach a unanimous decision on a case. This charge is given by the judge to encourage further deliberation and potentially break the impasse. The purpose of the Arkansas Jury Instruction — Modified Allen Charge is to remind jurors of their responsibility to reach a verdict, while reminding them of the importance of respecting each other's opinions and considering alternative viewpoints. This charge aims to create a cooperative and respectful environment during deliberations, where jurors can openly discuss their thoughts and reach a unanimous decision. There are several types of Modified Allen Charges that may be used in Arkansas, including: 1. Standard Modified Allen Charge: This is the most common type of charge given to a deadlocked jury. It emphasizes the importance of reaching a verdict and encourages jurors to carefully reconsider their positions, taking into account the opinions of other jurors. 2. Balanced Modified Allen Charge: This type of charge seeks to strike a balance between encouraging further deliberation and respecting dissenting opinions. It emphasizes the need for jurors to listen carefully to each other and consider alternative views while not unduly pressuring dissenting jurors to change their minds. 3. Mild Modified Allen Charge: This charge is considered to be less coercive than other types. It emphasizes the importance of continuing deliberations but does not put excessive pressure on dissenting jurors or suggest that they abandon their firmly held beliefs. 4. Strong Modified Allen Charge: This type of charge is the most coercive and puts significant pressure on dissenting jurors to reconsider their positions and align with the majority. It may include stronger language to push for a unanimous decision. It is important to note that the specific language and content of the Arkansas Jury Instruction — Modified Allen Charge may vary depending on the judge's discretion and the specific circumstances of the case. The charge aims to ensure fair and thorough deliberations while respecting jurors' individual perspectives.
Arkansas Jury Instruction - Modified Allen Charge
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When jurors cannot agree on a verdict and report this to a judge, the judge may issue further instruction to them to encourage those in the minority to reconsider their position. These instructions are known as an Allen charge or, more casually, as a dynamite charge.
Although an Allen charge varies by jurisdiction and even from judge to judge, since its purpose is to prevent a hung jury, it generally calls jurors' attention to the significant time and expense of a trial and urges them to reconsider their vote, especially if they are in the minority.
If completing the paper copy, please use the back of the form to explain the nature of your hardship. Unless excused in advance, the failure to report as directed may be punished by any combination of the following: a fine of up to $1,000; three days imprisonment; and/or an order to perform community service.
An individual may be excused if the judge finds that either the juror's health or family responsibilities reasonably require his or her absence. The law does not allow a juror to be excused because of occupation or employment. A request must state the nature of your conflict or hardship.
PATTERN JURY INSTRUCTIONS WHICH PROVIDE A BODY OF BRIEF, UNIFORM INSTRUCTIONS THAT FULLY STATE THE LAW WITHOUT NEEDLESS REPETION ARE PRESENTED; BASIC, SPECIAL, OFFENSE, AND TRIAL INSTRUCTIONS ARE INCLUDED.
Those persons for whom jury service would be an extreme personal hardship may be excused. If you have a serious problem, write or visit the local circuit clerk's office at once. He or she will tell you how to apply for an excuse from jury duty. Only a Circuit Judge can excuse you from jury duty.
Excuse from Service You have no means of transportation. You would have to travel an excessive distance to the courthouse. You have a physical or mental impairment. You provide care for a dependent and cannot afford to have someone cover for you. Serving would be an extreme financial burden.
When writing your or your employee's jury duty excuse letter, you must include basic information like the juror number, date, and your mailing address. You also need to include the clerk's information. Include detailed information about why you or your employee needs to be excused from serving jury duty.